Johnson v. Cain et al

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS 10 . Signed by Judge Mary Ann Vial Lemmon.(ijg, )

Johnson v. Cain et al

Doc. 14

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA JOSEPH JOHNSON VERSUS BURL CAIN, WARDEN ORDER The Court, having considered the petition, the record, the applicable law and the Report and Recommendation of the United States Magistrate Judge, and the petitioner's objection to the Magistrate Judge's Report and Recommendation, hereby approves the portion of the Report and Recommendation of the United States Magistrate Judge that finds the petition untimely under 28 U.S.C. § 2244(d)(1)(D) because it was filed more than one year after the factual predicate for petitioner's habeas corpus claim could have been discovered, and the statute of limitations was not statutorily or equitably tolled; and adopts that as its opinion in this matter. Therefore, IT IS ORDERED that the petition of Joseph Johnson for issuance of a writ of habeas corpus under 28 U.S.C. § 2254, is hereby DENIED WITH PREJUDICE. CIVIL ACTION NUMBER: 10-3156 SECTION: "S"(6)

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March New Orleans, Louisiana, this _____ day of __________________, 2011.

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UNITED STATES DISTRICT JUDGE

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